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Full Text of this Amendment

SA 3494. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill H.R. 3963, to amend title XXI of the Social Security Act to extend and improve the Children's Health Insurance Program, and for other purposes; which was ordered to lie on the table; as follows:

On page 281, between lines 16 and 17, insert the following:
SEC. __. POINT OF ORDER AGAINST LEGISLATION THAT RESULTS IN A TAKEOVER OF HEALTH CARE COVERAGE BY THE FEDERAL GOVERNMENT.
Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:
``POINT OF ORDER AGAINST LEGISLATION THAT RESULTS IN A TAKEOVER OF HEALTH CARE COVERAGE BY THE FEDERAL GOVERNMENT
``Sec. 316. (a)(1) In General.--It shall not be in order in the Senate to consider any bill, resolution, amendment, amendment between Houses, motion, or conference report that--
``(A) imposes Federal Government mandates that reduce the number of Americans covered by private health insurance;
``(B) mandates through Federal law that any employer contributions or private wages that currently fund private health care coverage go to a Federally-run program for health care coverage; or
``(C) displaces the number of individuals in private health care coverage through an expansion or creation of a health care system run by the Federal Government by more than 5 percent of the total number of individuals affected by the expansion or creation of any such system.
``(2) Determinations.--All determinations required by this subsection shall be made by the Congressional Budget Office.
``(b) Supermajority Waiver and Appeal.--
``(1) WAIVER.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
``(2) APPEAL.--An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.''.


(As printed in the Congressional Record for the Senate on Oct 31, 2007.)